From TONY JOHN, Port Harcourt
Court of Appeal in Port Harcourt, Rivers State, has fixed tomorrow (Friday) to rule on whether or not the National Convention of the People’s Democratic Party (PDP) slated for tomorrow (Saturday) and Sunday would take place.
The three-man appeal panel led by Justice Haruna Simon Tsammani, stated this after yesterday’s court proceedings.
Embattled former National Chairman of PDP, Uche Secondus, had appealed the recent judgement of the lower court in Port Harcourt, which suspended him as chairman and, among several orders, restrained him from participating in any activities of the party pending the determination of the matter in court.
The orders were given by Justice O. Gbasam of Rivers State High Court in Port Harcourt, following a suit instituted against Secondus and the PDP by some members of the party identified as Ibeawuchi Ernest Alex, Dennis Nna Amadi, Emmanuel Stephen and Umezirike Onucha.
However, the Court of Appeal had earlier fixed October 28, for hearing and ruling on motion for interim order of injunction brought by the former PDP national chairman.
During the proceedings, which lasted over two hours, all the counsels for the respondents in the matter urged the court to strike out the application filed by the appellant, which is seeking to stop the national convention.
Earlier, in his submission, Secondus counsel, Tayo Oyetibo, a Senior Advocate of Nigeria (SAN), prayed the court to dismiss the respondents’ counter applications.
Oyetibo stated that his client (Secondus) was unconstitutionally removed from office as national chairman, stressing that granting the prayers of respondent would be injurious to the right of the appellant.
Contrarily, counsels for the respondents, who also included six local government chairmen, whose request for joinder in the matter was granted at the last sitting, maintained that Secondus was constitutionally suspended.
Counsel for the PDP (first respondent), H. A. Bello, maintained that it would be wrong to grant one man’s interest (referring to Secondus) against the interest of over 4,000 delegates for the Saturday and Sunday conference.
Also, Godwin Obla, counsel for one of the respondents, argued that the balance of convenience could not apply to where a person’s interest would override a collective decision to people with a common interest.
He maintained that the current acting National Chairman was recognized by the Independent National Electoral Commission (INEC), and, therefore, constitutionally empowered to preside over the convention.
The appeal panel after hearing there submissions of all the parties decided to give ruling on the matter today by 12noon.